A BILL
To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Assault Weapons Ban

5 of 2013’’. 6 7
SEC. 2. DEFINITIONS.

(a) IN GENERAL.—Section 921(a) of title 18, United

8 States Code, is amended—

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2 1 2 3 (1) by inserting after paragraph (29) the following: ‘‘(30) The term ‘semiautomatic pistol’ means any re-

4 peating pistol that— 5 6 7 8 9 10 ‘‘(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and ‘‘(B) requires a separate pull of the trigger to fire each cartridge. ‘‘(31) The term ‘semiautomatic shotgun’ means any

11 repeating shotgun that— 12 13 14 15 16 17 18 ‘‘(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and ‘‘(B) requires a separate pull of the trigger to fire each cartridge.’’; and (2) by adding at the end the following: ‘‘(36) The term ‘semiautomatic assault weapon’

19 means any of the following, regardless of country of manu20 facture or caliber of ammunition accepted: 21 22 23 24 25 ‘‘(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following: ‘‘(i) A pistol grip. ‘‘(ii) A forward grip.

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 er. ‘‘(v) A barrel shroud. ‘‘(vi) A threaded barrel. ‘‘(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ‘‘(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. ‘‘(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following: ‘‘(i) A threaded barrel. ‘‘(ii) A second pistol grip. ‘‘(iii) A barrel shroud. ‘‘(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip. ‘‘(iii) A folding, telescoping, or detachable stock. ‘‘(iv) A grenade launcher or rocket launch-

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 er. ‘‘(G) Any shotgun with a revolving cylinder. ‘‘(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: ‘‘(i) All AK types, including the following: ‘‘(I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, ‘‘(v) A semiautomatic version of an automatic firearm. ‘‘(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. ‘‘(F) A semiautomatic shotgun that has any 1 of the following: ‘‘(i) A folding, telescoping, or detachable stock. ‘‘(ii) A pistol grip. ‘‘(iii) A fixed magazine with the capacity to accept more than 5 rounds. ‘‘(iv) The ability to accept a detachable magazine. ‘‘(v) A forward grip. ‘‘(vi) A grenade launcher or rocket launch-

2 device’— 3 4 5 6 7 8 9 10 11 12 ‘‘(A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and ‘‘(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.’’. (b) RELATED DEFINITIONS.—Section 921(a) of title

13 18, United States Code, as amended by this Act, is 14 amended by adding at the end the following: 15 16 17 18 19 20 21 22 23 24 25 ‘‘(38) The term ‘barrel shroud’— ‘‘(A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and ‘‘(B) does not include— ‘‘(i) a slide that partially or completely encloses the barrel; or ‘‘(ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.

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12 1 ‘‘(39) The term ‘detachable magazine’ means an am-

2 munition feeding device that can be removed from a fire3 arm without disassembly of the firearm action. 4 ‘‘(40) The term ‘fixed magazine’ means an ammuni-

5 tion feeding device that is permanently fixed to the firearm 6 in such a manner that it cannot be removed without dis7 assembly of the firearm. 8 ‘‘(41) The term ‘folding, telescoping, or detachable

9 stock’ means a stock that folds, telescopes, detaches or 10 otherwise operates to reduce the length, size, or any other 11 dimension, or otherwise enhances the concealability, of a 12 firearm. 13 ‘‘(42) The term ‘forward grip’ means a grip located

14 forward of the trigger that functions as a pistol grip. 15 ‘‘(43) The term ‘rocket’ means any simple or complex

16 tubelike device containing combustibles that on being ig17 nited liberate gases whose action propels the tube through 18 the air and has a propellant charge of not more than 4 19 ounces. 20 ‘‘(44) The term ‘grenade launcher or rocket launcher’

21 means an attachment for use on a firearm that is designed 22 to propel a grenade, rocket, or other similar destructive 23 device. 24 ‘‘(45) The term ‘permanently inoperable’ means a

25 firearm which is incapable of discharging a shot by means

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13 1 of an explosive and incapable of being readily restored to 2 a firing condition. 3 ‘‘(46) The term ‘pistol grip’ means a grip, a thumb-

4 hole stock, or any other characteristic that can function 5 as a grip. 6 ‘‘(47) The term ‘threaded barrel’ means a feature or

7 characteristic that is designed in such a manner to allow 8 for the attachment of a device such as a firearm silencer 9 or a flash suppressor. 10 ‘‘(48) The term ‘qualified law enforcement officer’

11 has the meaning given the term in section 926B of title 12 18, United States Code. 13 ‘‘(49) The term ‘grandfathered semiautomatic as-

14 sault weapon’ means any semiautomatic assault weapon 15 the importation, possession, sale, or transfer of which 16 would be unlawful under section 922(v) but for the excep17 tion under paragraph (2) of such section. 18 ‘‘(50) The term ‘belt-fed semiautomatic firearm’

19 means any repeating firearm that— 20 21 22 23 24 ‘‘(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; ‘‘(B) requires a separate pull of the trigger to fire each cartridge; and

14 sale, or transfer of any semiautomatic assault weapon oth15 erwise lawfully possessed under Federal law on the date 16 of enactment of the Assault Weapons Ban of 2013. 17 ‘‘(3) Paragraph (1) shall not apply to any firearm

15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); ‘‘(B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licenseeauthorized training or transportation of nuclear materials; ‘‘(C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited

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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 from receiving a firearm, of a semiautomatic assault weapon— ‘‘(i) sold or transferred to the individual by the agency upon such retirement; or ‘‘(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; ‘‘(D) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or ‘‘(E) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2013. ‘‘(5) For purposes of paragraph (4)(A), the term

19 ‘campus law enforcement officer’ means an individual who 20 is— 21 22 23 24 ‘‘(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);

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17 1 2 3 4 5 6 7 8 9 10 ‘‘(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; ‘‘(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and ‘‘(D) recognized, commissioned, or certified by a government entity as a law enforcement officer. ‘‘(6) The Attorney General shall establish and main-

11 tain, in a timely manner, a record of the make, model, 12 and, if available, date of manufacture of any semiauto13 matic assault weapon which the Attorney General is made 14 aware has been used in relation to a crime under Federal 15 or State law, and the nature and circumstances of the 16 crime involved, including the outcome of relevant criminal 17 investigations and proceedings. The Attorney General 18 shall annually submit a copy of the record established 19 under this paragraph to the Congress and make the record 20 available to the general public. 21 ‘‘(w)(1) It shall be unlawful for a person to import,

2 of any large capacity ammunition feeding device otherwise 3 lawfully possessed on or before the date of enactment of 4 the Assault Weapons Ban of 2013. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(3) Paragraph (1) shall not apply to— ‘‘(A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); ‘‘(B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-

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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 authorized training or transportation of nuclear materials; ‘‘(C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— ‘‘(i) sold or transferred to the individual by the agency upon such retirement; or ‘‘(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or ‘‘(D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. ‘‘(4) For purposes of paragraph (3)(A), the term

19 ‘campus law enforcement officer’ means an individual who 20 is— 21 22 23 24 ‘‘(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);

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20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ‘‘(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; ‘‘(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and ‘‘(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.’’; and (2) by adding at the end the following: ‘‘(aa) SECURE STORAGE
QUIREMENT FOR SAULT OR

SAFETY DEVICE RE-

GRANDFATHERED SEMIAUTOMATIC AS-

WEAPONS.—It shall be unlawful for any person,

15 other than a licensed importer, licensed manufacturer, or 16 licensed dealer, to store or keep under the dominion or 17 control of that person any grandfathered semiautomatic 18 assault weapon that the person knows, or has reasonable 19 cause to believe, will be accessible to an individual prohib20 ited from receiving or possessing a firearm under sub21 section (g), (n), or (x), or any provision of State law, un22 less the grandfathered semiautomatic assault weapon is— 23 24 25 ‘‘(1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon

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21 1 2 3 4 5 6 7 as if the grandfathered semiautomatic assault weapon were carried on the person; or ‘‘(2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access.’’. (b) IDENTIFICATION MARKINGS
MATIC FOR

SEMIAUTO-

ASSAULT WEAPONS.—Section 923(i) of title 18,

8 United States Code, is amended by adding at the end the 9 following: ‘‘The serial number of any semiautomatic as10 sault weapon manufactured after the date of enactment 11 of the Assault Weapons Ban of 2013 shall clearly show 12 the date on which the weapon was manufactured or made, 13 legibly and conspicuously engraved or cast on the weapon, 14 and such other identification as the Attorney General shall 15 by regulations prescribe.’’. 16 17
ITY

(c) IDENTIFICATION MARKINGS

FOR

LARGE CAPAC-

AMMUNITION FEEDING DEVICES.—Section 923(i) of

18 title 18, United States Code, as amended by this Act, is 19 amended by adding at the end the following: ‘‘A large ca20 pacity ammunition feeding device manufactured after the 21 date of enactment of the Assault Weapons Ban of 2013 22 shall be identified by a serial number and the date on 23 which the device was manufactured or made, legibly and 24 conspicuously engraved or cast on the device, and such

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22 1 other identification as the Attorney General shall by regu2 lations prescribe.’’. 3 (d) SEIZURE
AND

FORFEITURE

OF

LARGE CAPACITY

4 AMMUNITION FEEDING DEVICES.—Subsection (d) of sec5 tion 924 of title 18, United States Code, is amended— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) in paragraph (1)— (A) by inserting ‘‘or large capacity ammunition feeding device’’ after ‘‘firearm or ammunition’’ each time it appears; (B) by inserting ‘‘or large capacity ammunition feeding device’’ after ‘‘firearms or ammunition’’ each time it appears; and (C) by striking ‘‘or (k)’’ and inserting ‘‘(k), (r), (v), or (w)’’; (2) in paragraph (2)— (A) in subparagraph (C), by inserting ‘‘or large capacity ammunition feeding devices’’ after ‘‘firearms or quantities of ammunition’’; and (3) in paragraph (3)— (A) in subparagraph (E), by inserting ‘‘922(r), 922(v), 922(w),’’ after ‘‘922(n),’’. (e) APPENDIX A.—Section 922 of title 18, United

5 States Code, as amended by this Act, is amended— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (3)(C)(ii), by striking ‘‘(as defined in subsection (s)(8))’’; and (B) by adding at the end the following: ‘‘(7) In this subsection, the term ‘chief law enforcement officer’ means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.’’; and (4) by inserting after subsection (s), as redesignated, the following: ‘‘(t)(1) Beginning on the date that is 90 days after

20 the date of enactment of the Assault Weapons Ban of 21 2013, it shall be unlawful for any person who is not li22 censed under this chapter to transfer a grandfathered 23 semiautomatic assault weapon to any other person who is 24 not licensed under this chapter, unless a licensed importer, 25 licensed manufacturer, or licensed dealer has first taken 26 custody of the grandfathered semiautomatic assault weap-

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120 1 on for the purpose of complying with subsection (s). Upon 2 taking custody of the grandfathered semiautomatic assault 3 weapon, the licensee shall comply with all requirements of 4 this chapter as if the licensee were transferring the grand5 fathered semiautomatic assault weapon from the licensee’s 6 inventory to the unlicensed transferee. 7 ‘‘(2) Paragraph (1) shall not apply to a temporary

8 transfer of possession for the purpose of participating in 9 target shooting in a licensed target facility or established 10 range if— 11 12 13 14 15 16 17 ‘‘(A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and ‘‘(B) the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon. ‘‘(3) For purposes of this subsection, the term ‘trans-

18 fer’— 19 20 21 22 23 ‘‘(A) shall include a sale, gift, or loan; and ‘‘(B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee.

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121 1 ‘‘(4)(A) Notwithstanding any other provision of this

2 chapter, the Attorney General may implement this sub3 section with regulations. 4 ‘‘(B) Regulations promulgated under this para-

6 Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is 7 amended by adding at the end the following: 8 9 10 11 12 13 14 15 16 ‘‘(H) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices.’’.
SEC. 7. SEVERABILITY.

If any provision of this Act, an amendment made by

17 this Act, or the application of such provision or amend18 ment to any person or circumstance is held to be unconsti19 tutional, the remainder of this Act, the amendments made 20 by this Act, and the application of such provision or 21 amendment to any person or circumstance shall not be af22 fected thereby.